GENERAL CONDITIONS
- * SALE *
- * PRICES *
- * DELIVERY *
- * RETURNS *
- * GUARANTEE *
- * APPLICABLE LAW *

GENERAL INFORMATIONS

Whenever an object on line is ordered, it implies that the present general conditions have been read and accepted.
The present general conditions state all the obligations of each party, which means that the buyer fully accepts the terms of the present conditions. No general or specific conditions included in the documents sent or handed by the buyer can be integrated to the present general conditions, should they be incompatible. Therefore the buyer who wishes to order on line accepts that he is perfectly well informed of the fact that his acceptance of the contents of the present conditions does not depend on putting an actual, manuscript firm on this document. The buyer can save and print the present document; he is personally responsible for doing so.

* GENERAL CONDITIONS OF SALE *

FRTRAINS.COM works only on the basis of the general conditions of sale you have accepted on ordering.

Article 1: Aim
The aim of the present general conditions is to define the rights and obligations of both parties when buying on line the goods and services offered by FRTRAINS.COM to the buyer.

Article 2: Contractual documents
The present contract consists in the following documents, presented in descending hierarchical order: the general conditions and the voucher on line. In case of a contradiction between the terms contained in the documents, the dispositions of the upper document will prevail.

Article 3: Application and duration
The present conditions apply from the date when the order on line is sent. The present conditions are concluded for the time necessary for the delivery of the goods and completing of the services ordered, until the expiration of the guarantee owned by FRTRAINS.COM

Article 4: Electronic signature
The buyer's "click" on the voucher is considered as an electronic signature that has the same value for both parties as a written signature.

Article 5: Confirmation of the order
The contractual information will be confirmed by email.

Article 6: Proof of the transaction
The electronic registers kept in the electronic system of FRTRAINS.COM in reasonable conditions of security will be considered as proof of the communications, orders and payments exchanged by the parties. The vouchers and bills are kept as records on a lasting reliable support that can be produced as proof.

Article 7: Information about the products
On the website, FRTRAINS.COM presents the objects it sells with the necessary information to allow the potential buyer to know the essential characteristics of the products he intends to buy before actually ordering them. The offers presented by FRTRAINS.COM are only valid within the limits of the stock. FRTRAINS.COM can never be made responsible for any product that is no longer available or no longer in stock. FRTRAINS.COM keeps the right to modify or replace products.

* PRICES *

Article 1: Prices
The prices are indicated in Euros and are only valid on the date the voucher is sent by the buyer. They do not include the cost of delivery: it is added to the final bill. In the case of a multiple purchase, the objects ordered are grouped to minimise the cost of postage. The total amount of the bill must be paid when ordering, at the latest 10 days after ordering in any case before the expedition of the articles ordered. FRTRAINS.COM keeps the right to cancel an order when it is not paid within 10 days of ordering.
- Delivery charges for Switzerland : 8€
- Delivery charges for France : 8€ for a cart of 0 to 75€  *   10€ for a cart of 76 to 150€  *  12€ for a cart of 151 to 400€  *  14€ for a cart of 401€ to ....
- Delivery charges for Europe : 14€ for a cart of 0 to 75€  *   17€ for a cart of 76 to 150€  *  17€ for a cart of 151 to 400€  *  19€ for a cart of 401€ to ....
- Delivery charges for World : 40€ for a cart of 0 to 150€  *   70€ for a cart of 151€ to ....

Article 2: Taxes
When the buyer lives in a country exterior to the European Union or Switzerland, he is the importer of the objects ordered. The products may be submitted to custom duties or other local taxes or rights of importation the buyer is responsible for. FRTRAINS.COM cannot be made responsible either for declaring them or paying for them when the local authorities of the buyer's country require it.

Article 3: Mode of payment
Any order, wherever it may come, is payable in Euros or in Swiss francs.
Depending on the country where he lives and on his personal choice, the buyer can choose from the following means of payment: Paypal, a PostFinance account in Switzerland, a bank transfer and French check on a bank established in metropolitan France.
The check will be written to the order of
PHILIPPE RENAUDOT – Route de Cité Ouest – 1196 Gland – Suisse
The buyer guarantees to FRTRAINS.COM that he is allowed to use the mode of payment he has chosen himself when validating his order. FRTRAINS.COM keeps the right to stop the management of the order and delivery in case the payment by credit card is refused by the officially accredited organisations or in case of non-payment of the order. FRTRAINS.COM keeps the right to refuse to complete a delivery or carry out an order from a buyer who has not fully paid for an order or with whom there would be litigation.

* MODE OF DELIVERY *

Article 1: Availability of the product
The order will be executed at the latest within 5 days counted from the day after which the buyer has paid for it (holiday periods mentioned in the website excepted).

Article 2: Mode of delivery
The parcels will be sent "Colissimo" by the French Post for all the countries belonging to the European Union and as signature parcels by the Swiss Post for the rest of the world.
The parcels are sent to the address indicated by the buyer on the voucher. The buyer is responsible for checking the state of the merchandise on arrival. He lets FRTRAINS.COM know of the defects he has noticed through an email within 24 hours. If he refuses the parcels he has to pay the cost of returning the parcel.

Article 3: Mistake in the delivery
The buyer will have to formulate within 24 hours any form of complaint, error in the delivery and/or non-conformity of the products in nature or quality (defects) in comparison with the indication stated on the voucher. Any claim later then 24 hours will be rejected. In case of an error of delivery, the article must in no case have been unsealed, open or used. Any claim not formulated as stated above and within the time limit will not be taken into account and FRTRAINS.COM will be free of any responsibility towards the customer.

Article 4: In case of absolute necessity (force majeure)
Neither party will have failed to fulfil its contractual obligations if their execution is delayed, held or prevented in case of unexpected circumstances of absolute necessity. Unpredictable, inevitable circumstances, independent of the will of the parties and which cannot be prevented by the parties, in spite of all possible efforts, will be considered as an unexpected circumstance, absolute necessity or irresistible circumstance exterior to the parties. The party victim of such circumstances will notify it to the other within 48 hours of the date when knowing of it. The two parties will then contact each other within 48 hours, (except in case of impossibility connected to circumstances of absolute necessity) to examine the incidence of the event and to come to an agreement about the condition in which the contract can be fulfilled. If the circumstance of absolute necessity last more than 3 months, the wronged party can cancel the present general conditions.

* RETURNS AND REFUNDS *

Within 3 days the purchase can be retracted and the merchandise returned in its original packaging. The sums already paid will be refunded after deduction of 20% for administrative expenses. Damage to the merchandise due to negligence or done on purpose by the customer is fully paid by him.
The customer pays the postage for the return.
There is no possibility of return for merchandises especially made or modified according to the specifications of the customer (for instance articles with engravings, printings, special makes or unpacked merchandise).

* GUARANTEE *

No guarantee is given after the customer has used the merchandise.
Claims for apparent defects on the delivered goods must be made within 24 hours.
FRTRAINS.COM declines any responsibility for defects due to a wrong use or in the case of the apparition of an unknown effect.

Garantie des produits
Les dispositions des présentes ne peuvent priver l'acheteur de la garantie légale qui oblige le vendeur professionnel à le garantir contre toutes les conséquences des vices cachés de la chose vendue. L'acheteur est expressément informé que FRTRAINS.COM n'est pas le producteur des produits présentés dans le cadre du site Internet FRTRAINS.COM relativement à la responsabilité du fait des produits défectueux. En conséquence, en cas de dommages causés à une personne ou à un bien par un défaut du produit, seule la responsabilité du producteur de celui-ci pourra être recherchée par l'acheteur, sur la base des informations figurant sur l'emballage dudit produit.

* APPLICABALE LAW *

The present general conditions are submitted to the Swiss law, particularly the "Code des Obligations" that rules all the aspects that are not expressly mentioned in the present general conditions. In case of a litigation or claim, the buyer will first contact FRTRAINS.COM to try and find an amiable solution. Should it not be found the buyer would have to present a claim to the Courts of the Canton de Vaud..
Data protection act
The data the buyer is required to give are necessary for the managing of his order and can be communicated exclusively to the contractual partners of FRTRAINS.COM who are part of the managing of the order. The buyer can write to FRTRAINS.COM to check and possibly to ask for a rectification of the data in the files of FRTRAINS.COM. The original of the present general conditions are in French; the French version has to be referred to in case of litigation.

The buyer testifies that he has the full legal capacity that permits him to engage his responsibility in case of a contract with FRTRAINS.COM applying the terms of the present general conditions.


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